688 N.E.2d 476
No. 96-P-1178.Appeals Court of Massachusetts.
December 12, 1997.
The judgment of conviction and sentence on the charge of assault and battery with a dangerous weapon is vacated, and the indictment is to be dismissed. The judgment of conviction on the charge of mayhem is affirmed. The matter is remanded to the Superior Court for entry of judgment consistent with this opinion and for resentencing, in the judge’s discretion, on the mayhem conviction.
Page 1105
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